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VETERANS' AFFAIRS LEGISLATION AMENDMENT (BUDGET AND COMPENSATION MEASURES) ACT 1997 No. 157 of 1997 - SCHEDULE 1
Schedule 1-Amendment of the Veterans' Entitlements Act 1986
Part 1-Operational service 1 Section 5 (index, entry relating to operational
service) Omit the entry, substitute:
operational service 6 to 6F
2 Section 5 (index) Insert the following entries in their appropriate
alphabetical positions (determined on a letter-by-letter basis):
non-warlike service 5C(1)
warlike service 5C(1)
3 Subsection 5C(1) Insert:
non-warlike service means service in the Defence Force of a kind determined in
writing by the Minister for Defence to be non-warlike service. 4 Subsection
5C(1) (definition of operational service) Omit "section 6", substitute
"sections 6 to 6F". 5 Subsection 5C(1) Insert:
warlike service means service in the Defence Force of a kind determined in
writing by the Minister for Defence to be warlike service. 6 Section 6 Repeal
the section, substitute: 6 Operational service-general outline
Sections 6A to 6F deal with operational service as set out in the following
table:
Operational service
Item Section number Type of operational service
1 6A Operational service-world wars
2 6B Operational service-Australian mariners
3 6C Operational service-post World War 2 service
in operational areas
4 6D Operational service-other post World War 2
service
5 6E Operational service-Korean demilitarised
zone and Vietnam
6 6F Operational service-warlike and non-warlike
service 6A Operational service-world wars
(1) Subject to subsection (3), a person referred to in column 2 of an item in
the following table is taken to have been rendering operational service during
any period during which the person was rendering continuous full-time service
of a kind referred to in column 3 of that item.
Operational service
Item Person Nature of service
1 A member of the Defence Force
(a) continuous full-time service outside Australia
during a war to which this Act applies
(b) continuous full-time service for a period of at
least 3 months in that part of the Northern
Territory that is north of the parallel 14 degrees
30 minutes south latitude (including any of the
islands adjoining the Northern Territory) between
19 February 1942 and 12 November 1943 (both dates
inclusive)
(c) continuous full-time service during a war to
which this Act applies rendered within Australia
immediately before, or immediately after, a period
of continuous full-time service of the kind referred
to in paragraph (a) or (b)
(d) continuous full-time service rendered within
Australia during World War 2 in such circumstances
that the service should, in the opinion of the
Commission, be treated as service in actual combat
against the enemy
2 A member of the Defence Force who enlisted in the Defence
Force while living on a Torres Strait Island
(a) continuous full-time service for a period of at
least 3 months on that island between 14 March 1942
and 18 June 1943 (both dates inclusive)
(b) continuous full-time service during a war to
which this Act applies rendered within Australia
immediately before, or immediately after, a period
of continuous full-time service of the kind referred
to in paragraph (a)
3 A member of the naval, military or air forces of a
Commonwealth country or of an allied country who was
domiciled in Australia or an external Territory immediately
before his or her appointment or enlistment in those forces
Continuous full-time service during a war to which
this Act applies rendered:
(a) outside that country; or
(b) within that country but in such circumstances
that the service should, in the opinion of the
Commission, be treated as service in actual combat
against the enemy
(2) A person referred to in column 2 of an item in the following table is
taken to have been rendering operational service during the period, or at the
time, specified in column 3 of that item.
Operational service
Item Person Relevant period or time
1 A person who was, during a war to which this Act applies,
employed by the Commonwealth on a special mission outside
Australia
The period during which the person was so employed
by the Commonwealth
2 An eligible civilian who was killed, during the invasion of
the Territory of Papua or the Territory of New Guinea during
World War 2, as a result of action by the enemy
The time of the event as a result of which the
person was killed
3 An eligible civilian who was detained by the enemy during
World War 2
The period during which the person was so detained
4 A person who, while rendering continuous full-time service
as a member of the Defence Force within Australia during
World War 2, was injured, or contracted a disease, as a
result of enemy action
The time of the event as a result of which the
person was injured or contracted the disease
(3) Any continuous full-time service that was rendered during World War 2 by a
member of the Defence Force (other than a member of the Interim Forces) on or
after the cut off date for the member is not taken to be operational service.
(4) For the purposes of subsection (3), the cut off date for a member of the
Defence Force is the date applicable to the member in accordance with the
following table:
Cut off date
Item Member Date
1 A member who was appointed or enlisted for war service in
any part of the Defence Force that was raised during World
War 2 for war service, or solely for service during that war
or during that war and a definite period immediately
following that war
1 July 1951
2 A member who was appointed or enlisted in the Citizen Forces
and was called up for continuous full-time service for the
duration of, or directly in connection with, World War 2
1 July 1951
3 A member who served in the British Commonwealth Occupation
Force in Japan
1 July 1951, or the day on which the member arrived
back in Australia on the completion of his or her
service in that Force, whichever is the earlier
4 Any other member
3 January 1949 6B Operational service-Australian mariners
(1) A person is taken to have been rendering operational service during:
(a) any period of employment outside Australia as an Australian mariner on
a ship; or
(b) any period of employment within Australia as an Australian mariner on
a ship if that period of employment ended immediately before, or
started immediately after, the period of employment referred to in
paragraph (a).
(2) A person who, while employed within Australia as an Australian mariner on
a ship, was injured, or contracted a disease, as a result of enemy action is
taken to have been rendering operational service at the time of the event as a
result of which the person was injured or contracted the disease.
(3) A person who was employed within Australia as an Australian mariner on a
ship in such circumstances that the employment should, in the opinion of the
Commission, be treated as employment in actual combat against the enemy is
taken to have been rendering operational service while the person was so
employed.
(4) Without limiting subsection (1), a person is taken to have been employed
outside Australia as an Australian mariner on a ship in each of the following
circumstances:
(a) at any time when the person was at a place outside Australia on leave
from the ship while the ship was at a port outside Australia;
(b) at any time when the person was outside Australia while on his or her
way to take up employment as an Australian mariner on a ship;
(c) while the person was awaiting return to Australia from employment as
an Australian mariner on a ship;
(d) while the person was returning to Australia from employment as an
Australian mariner on a ship.
(5) For the purposes of this section, if a person was employed as an
Australian mariner on a ship undertaking a voyage for the purpose of going
from a place within Australia to another place within Australia, the member is
taken to have been employed within Australia during the whole of the voyage.
(6) In this section:
Australia does not include an external territory. 6C Operational service-post
World War 2 service in operational areas
(1) Subject to this section, a member of the Defence Force who has rendered
continuous full-time service in an operational area as:
(a) a member who was allotted for duty in that area; or
(b) a member of a unit of the Defence Force that was allotted for duty in
that area; is taken to have been rendering operational service in the
operational area while the member was so rendering continuous full-
time service.
(2) A member of the naval, military or air forces of a Commonwealth country or
of an allied country who:
(a) was domiciled in Australia or an external Territory immediately before
his or her appointment or enlistment in those forces; and
(b) has rendered continuous full-time service in an operational area; is
taken to have been rendering operational service in the operational
area while the member was so rendering continuous full- time service.
(3) For the purposes of subsection (1), a member of the Defence Force is,
subject to subsection (4), taken to have rendered continuous full-time service
in an operational area during the period commencing on:
(a) if the member was in Australia on the day (relevant day) from which
the member, or the unit of the member, was allotted for duty in that
area-on the day on which the member left the last port of call in
Australia for that service; or
(b) if the member was outside Australia on the relevant day-on that day;
and ending at the end of:
(c) if the member, or the unit of the member, ceased to be allotted for
duty-the day from which the member, or the unit, ceased to be allotted
for duty; or
(d) if the member, or the unit of the member, was assigned for duty from
the operational area to another area outside Australia (not being an
operational area)-the day from which the member, or the unit, was
assigned to that other area, or the day on which the member, or the
unit, arrived at that other area, whichever is the later; or
(e) in any other case-the day on which the member arrived at the first
port of call in Australia on returning from operational service.
(4) If, while rendering continuous full-time service in an operational area, a
member of the Defence Force has:
(a) returned to Australia in accordance with the Rest and Recuperation
arrangements of the naval, military or air forces; or
(b) returned to Australia on emergency or other leave granted on
compassionate grounds; or
(c) returned to Australia on duty; or
(d) returned to Australia for the purpose of receiving medical or surgical
treatment as directed by the medical authorities of the Defence Force;
only so much of the period of service of the member within Australia
after his or her return and while the member:
(e) continued to be allotted for duty in an operational area; or
(f) continued to be a member of a unit of the Defence Force allotted for
duty in an operational area; as does not exceed 14 days is taken, for
the purposes of subsection (1), to be a period when the member was
rendering continuous full- time service in the operational area. 6D
Operational service-other post World War 2 service
(1) This section applies to a member of the Defence Force who, or a member of
a unit of the Defence Force that:
(a) was assigned for service:
(i) in Singapore at any time during the period from and including
29 June 1950 to and including 31 August 1957; or
(ii) in Japan at any time during the period from and including 28
April 1952 to and including 19 April 1956; or
(iii) in North East Thailand (including Ubon) at any time during the
period from and including 31 May 1962 to and including 31
August 1968; or
(b) was attached to the Far East Strategic Reserve at any time during the
period from and including 2 July 1955 to and including 27 May 1963;
but so applies only if the member, or the unit of the member, is
included in a written instrument issued by the Defence Force for use
by the Commission in determining a person's eligibility for
entitlements under this Act.
(2) A person to whom this section applies is taken to have been rendering
operational service during any period during which he or she was rendering
continuous full-time service as:
(a) a member of the Defence force; or
(b) a member of a unit of the Defence Force; while the person was in the
area described in paragraph (1)(a) or attached to the Far East
Strategic Reserve (as the case may be).
(3) For the purposes of subsection (2), the operational service of a person to
whom this section applies:
(a) is taken to have started:
(i) if the person was in Australia on the day (relevant day) from
which his or her unit was assigned for service as described in
paragraph (1)(a) or attached to the Far East Strategic Reserve
(as the case may be)-on the day on which the member left the
last port of call in Australia for that service; or
(ii) if the person was outside Australia on the relevant day-on that
day; and
(b) is taken to have ended:
(i) if the member was assigned for service in another country or
area outside Australia (not being an operational area)-the day
from which the member was assigned to that other country or
area, or the day on which the member arrived at that other
area, whichever is the later; or
(ii) in any other case-the day on which the member arrived at the
first port of call in Australia on returning from operational
service. 6E Operational service-Korean demilitarised zone and
Vietnam
A member of the Defence Force who was assigned for service:
(a) in the demilitarised zone between North Korea and South Korea after 18
April 1956; or
(b) on HMA Ship Vampire or Quickmatch in Vietnam during the period from
and including 25 January 1962 to and including 29 January 1962; is
taken to have been rendering operational service while he or she was
so rendering continuous full-time service in that zone or in Vietnam
(as the case may be) during the period in which he or she was so
assigned for service. 6F Operational service-warlike and non-warlike
service
A member of the Defence Force is taken to have been rendering operational
service during any period of warlike service or non- warlike service of the
member. 7 Subsection 7(1 ) (note 2) Omit "section 6", substitute "sections 6
to 6F". 8 Schedule 2 (table item 13) After "1992", insert "to and including 24
January 1997".
Part 2-Advance payments of pension 9 Paragraph 5H(8)(zm) Omit "IIID",
substitute "IVA". 10 Subsection 30(1) Omit "subsections (3) and (4)",
substitute "subsection (3)". 11 Subsection 30(4) Repeal the subsection. 12
Subsection 36A(4) Omit "Part IIID", substitute "Part IVA". 13 Subsection
37A(4) Omit "Part IIID", substitute "Part IVA". 14 Subsection 38A(4) Omit
"Part IIID", substitute "Part IVA". 15 Paragraph 57(2)(e) Omit "or". 16
Paragraph 57(2)(f) Repeal the paragraph. 17 Part IIID Repeal the Part. 18
After Part IV Insert:
Part IVA-Advance payments of pension and
income support supplement
Division 1-General 79A Definition
In this Part:
pension means a pension payable under Part II, III or IV or an income support
supplement.
Division 2-Eligibility for advance payment 79B Eligibility for advance payment
(1) Subject to subsection (2), a person is eligible for an advance payment of
an amount of pension only if:
(a) the pension is payable to the person; and
(b) throughout the 3 months immediately before the person's application
for the advance payment, the person was receiving a pension, a social
security pension or a social security benefit; and
(c) the Commission is satisfied that the person will not suffer financial
hardship from the reductions to be made in future instalments of the
pension to recover the advance payment.
(2) A person is not eligible for an advance payment if:
(a) the person has received an advance payment of a pension and has not
fully repaid the advance payment; or
(b) an advance payment of:
(i) an amount of pension; or
(ii) a social security entitlement under Part 2.22 of the Social
Security Act 1991 ;
was paid to the person within the period of 12 months immediately before the
person's application for the advance payment; or
(c) the person owes a debt to the Commonwealth under section 205 or 205A.
Division 3-Applying for advance payment 79C Application
A person who wants an advance payment of an amount of pension must make a
proper application for the advance payment. 79D Who can apply
(1) Subject to subsection (2), the application must be made by:
(a) the person who wants to receive the advance payment; or
(b) with the approval of that person-another person on the person's
behalf.
(2) If a person is unable, because of physical or mental incapacity, to
approve another person to make the application on his or her behalf, the
Commission may approve another person to make the application. 79E Form of
application
To be a proper application, the application must:
(a) be made in writing; and
(b) be in accordance with a form approved by the Commission. 79F Lodgment
of application
(1) To be a proper application, the application must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved for this purpose by the Commission; or
(c) with a person approved for this purpose by the Commission.
(2) An application is taken to have been lodged on the day on which it is
received:
(a) at an office of the Department in Australia; or
(b) at a place approved under subsection (1); or
(c) by a person approved under subsection (1); as the case may be. 79G
Applicant must be Australian resident and in Australia
An application is not a proper application unless the person who wants to
receive the advance payment is:
(a) an Australian resident; and
(b) in Australia; on the day on which the application is lodged. Note: For
Australian resident see section 5G. 79H Application may be withdrawn
(1) An applicant, or a person approved by the applicant, may withdraw an
application that has not been determined.
(2) An application that is withdrawn is taken to have not been made.
(3) A withdrawal may be made orally or in writing.
Division 4-Determination of application and payment
of advance payment 79I Commission to determine application
If an application for an advance payment of an amount of pension is made, the
Commission must grant the application if it is satisfied that the person is
eligible for the advance payment. 79J Payment of advance payment
(1) Subject to subsection (3), if the application is granted, the advance
payment of the pension is to be paid on the next day on which:
(a) the person is paid an instalment of the pension; and
(b) it is practicable to pay the advance payment.
(2) The advance payment is to be paid as a lump sum.
(3) The Commission may determine that an advance payment is to be paid on a
day stated in the determination.
(4) An advance payment of a pension is not payable if the pension is cancelled
or reduced to nil before the day on which the advance payment would be paid
apart from this subsection.
Division 5-Maximum amount of advance payment 79K Maximum amount of advance
payment
(1) The maximum amount of an advance payment is the smaller of:
(a) the amount worked out under subsection (2) or (3) (whichever is
applicable); and
(b) $500.
(2) If the advance payment is in respect of a pension payable to a person
under Part II or IV, the amount for the purposes of paragraph (1)(a) is the
amount worked out by using the following formula:
13 x Fortnightly rate of pension where:
fortnightly rate of pension is the rate last determined by the Commission to
be the fortnightly rate of pension payable to the person before the
application for the advance payment was determined.
(3) If the advance payment is in respect of a pension payable to a person
under Part III or an income support supplement, the amount for the purposes of
paragraph (1)(a) is the amount worked out by using the following formula:
Annual payment rate
2 where:
annual payment rate is the rate last determined by the Commission to be the
rate of pension or income support supplement payable to the person before the
application for the advance payment was determined, excluding any amount
payable by way of remote area allowance.
(4) If the amount worked out under subsection (2) or (3) is not a multiple of
10 cents, the amount is, subject to subsection (5), to be increased or
decreased to the nearest multiple of 10 cents.
(5) If the amount worked out under subsection (2) or (3) is a multiple of 5
cents, but is not a multiple of 10 cents, the amount is to be increased by 5
cents.
Division 6-Advance payment deductions 79L Advance payment deduction
(1) Subject to subsection (2) and section 79O, an advance payment deduction is
to be made from the rate of a pension that is payable to a person if:
(a) the person has received an advance payment of that pension or of
another pension that was previously payable to the person; and
(b) the person has not yet fully repaid the advance payment; and
(c) the amount of the advance payment that has not been repaid is not a
debt under subsection 205(1AB).
(2) An advance payment deduction is not to be made from a person's rate of
pension on the payday on which the advance payment is paid. 79M Amount of
advance payment deduction-basic calculation
Subject to sections 79N, 79O, 79P and 79Q, the advance payment deduction for
an advance payment of a pension is the amount of the advance payment divided
by 13. 79N Person may request larger advance payment deduction
(1) Subject to subsection (2) and sections 79O, 79P and 79Q, a person's
advance payment deduction may be increased to a larger amount if the person
asks the Commission in writing for the advance payment deduction to be the
larger amount.
(2) Subsection (1) does not apply if the Commission is satisfied that the
person would suffer severe financial hardship if the advance payment deduction
were the larger amount. 79O Reduction of advance payment deduction in cases of
severe financial hardship
(1) Subject to subsection (2) and sections 79P and 79Q, if:
(a) a person applies in writing to the Commission for an advance payment
deduction to be decreased, or to be stopped, because of severe
financial hardship; and
(b) the Commission is satisfied that:
(i) the person's circumstances are exceptional and could not
reasonably have been foreseen at the time of the person's
application for the advance payment; and
(ii) the person would suffer severe financial hardship if the
advance payment deduction that would otherwise apply were to
continue; the Commission may determine in writing that, for the
period stated in the determination, the advance payment
deduction is to be the lesser amount (which may be a nil
amount) stated in the determination.
(2) At any time while the determination is in force, the Commission may:
(a) vary the determination so as to require to be deducted from the
person's rate of pension an advance payment deduction larger than the
deduction (if any) previously applying under the determination, but
smaller than the deduction applying immediately before the
determination; or
(b) revoke the determination; but only if the Commission is satisfied that
the person would not suffer severe financial hardship because of the
variation or revocation.
(3) A variation or revocation of a determination must be in writing. 79P The
final advance payment deduction
If an advance payment deduction that would otherwise be deducted from a
person's rate of pension exceeds the part of the advance payment that the
person has not yet repaid (by previous deductions under this Division or
otherwise), the amount of that advance payment deduction equals the part that
the person has not yet repaid. Example: Facts: Anne has been paid an advance
of $450. Anne's payment deduction is worked out under section 79M as follows:
$450 divided by 13 = $34.62
This amount is rounded under section 79R to $34.60.
Anne has requested that the advance payment deduction be the larger amount of
$55 (see section 79N), so that the advance will be repaid sooner. Result: If
$55 is deducted from Anne's fortnightly rate of pension, $440 will have been
repaid after 8 successive fortnights, leaving $10 unpaid. Under this section,
the final advance payment deduction will be $10. 79Q Payment rate insufficient
to cover advance payment deduction
If the rate of pension (excluding remote area allowance in the case of a
pension payable under Part III or income support supplement) is less than the
amount that would be the advance payment deduction apart from this section,
the advance payment deduction is taken to be equal to that rate of pension.
79R Rounding of amounts
(1) If an amount worked out under this Division is not a multiple of 10 cents,
the amount is, subject to subsection (2), to be increased or decreased to the
nearest multiple of 10 cents.
(2) If the amount worked out under this Division is a multiple of 5 cents, but
is not a multiple of 10 cents, the amount is to be increased by 5 cents. 79S
Unrepaid advance payments to deceased partner to be disregarded
(1) In calculating, for the purposes of this Act, an amount of pension that
would have been paid to a deceased person if the person had not died, any
advance payment of pension that has been made to the person and has not been
repaid is to be disregarded.
(2) Subsection (1) does not affect the liability of the estate of the deceased
person to repay to the Commonwealth so much of the advance payment as has not
been repaid.
Division 7-Review by Commission 79T Request for review
(1) A pensioner who is dissatisfied with a decision of the Commission in
relation to an advance payment of an amount of pension may request the
Commission to review the decision.
(2) The request must:
(a) be made within 3 months after the person seeking the review was
notified of the decision; and
(b) be in writing; and
(c) set out the grounds on which the request is made.
(3) If a request for review is made in accordance with subsection (2), the
Commission must review the decision.
(4) If the Commission has delegated its power under this section to the person
who made the decision under review, that person must not review the decision.
79U Commission's powers
If the Commission reviews a decision under this Division, the Commission must:
(a) affirm the decision; or
(b) set it aside and substitute a new decision for it. Note: For the
Commission's evidence-gathering powers see section 79X. 79V Commission
must make written record of review decision and reasons
(1) When the Commission reviews a decision under this Division, it must make a
written record of its decision upon review.
(2) The written record must include a statement that:
(a) sets out the Commission's findings on material questions of fact; and
(b) refers to the evidence or other material on which those findings are
based; and
(c) provides reasons for the Commission's decision. 79W Person who
requested review to be notified of decision
(1) When the Commission affirms or sets aside a decision under this Division,
it must give to the person who requested the review of the decision:
(a) a copy of the Commission's decision; and
(b) subject to subsection (2), a copy of the statement referred to in
subsection 79V(2) relating to the decision; and
(c) a statement giving particulars of the person's right to apply to the
Administrative Appeals Tribunal for a review of the Commission's
decision.
(2) If the statement referred to in paragraph (1)(b) contains any matter that,
in the opinion of the Commission:
(a) is of a confidential nature; or
(b) may, if communicated to the person who requested review, be
prejudicial to his or her physical or mental health or well-being; the
copy given to the person is not to contain that matter. 79X Powers of
Commission to gather evidence
(1) For the purposes of a review, the Commission may:
(a) summon a person to appear at a hearing of the review to give evidence
and to produce such documents (if any) as are referred to in the
summons; and
(b) require a person appearing at a hearing of the review for the purpose
of giving evidence either to take an oath or to make an affirmation;
and
(c) administer an oath or affirmation to a person so appearing; and
(d) adjourn a hearing of the review from time to time.
(2) The person who applied for the review under this Division is a competent
and compellable witness upon the hearing of the review.
(3) The Commission's power under subsection (1) to take evidence on oath or
affirmation:
(a) may be exercised on behalf of the Commission by:
(i) the presiding member; or
(ii) by another person (whether a member or not) authorised by the
presiding member; and
(b) may be exercised within or outside Australia; and
(c) must be exercised subject to any limitations specified by the
Commission.
(4) If a person is authorised under subparagraph (3)(a)(ii) to take evidence
for the purposes of a review, the person has all the powers of the Commission
under subsection (1) for the purposes of taking that evidence. 79Y Withdrawal
of request for review
(1) A person who requests a review under section 79T may withdraw the request
at any time before it is determined by the Commission.
(2) To withdraw the request, the person must give written notice of withdrawal
to the Secretary and the notice must be lodged at an office of the Department
in Australia.
(3) Subject to subsection 79T(2), a person who withdraws a request for review
may subsequently make another request for review of the same decision. Note:
Subsection 79T(2) provides that a person who wants to request a review of a
decision must do so within 3 months after the person has received notice of
the decision. 19 After paragraph 119(1)(d) Insert:
(da) a review, under Division 7 of Part IVA, of a decision of the
Commission with respect to an advance payment of an amount of pension;
20 After subsection 175(2) Insert:
(2AAA) If the Commission under section 79U:
(a) affirms a decision of the Commission referred to in subsection 79T(1);
or
(b) sets it aside and substitutes another decision for it; a person may
apply to the Administrative Appeals Tribunal for a review of the
decision so affirmed or substituted. 21 Subsection 175(2A) After
"(2)", insert ", (2AAA)". 22 Paragraph 205(1)(g) Omit "service
pension", substitute "pension under Part II, III or IV". 23 Paragraph
205(1AB)(a) Omit "service pension", substitute "pension under Part II,
III or IV". 24 Paragraphs 205(1AB)(b) and (c) Omit "service". 25
Module A of Part 2 of Schedule 6 Omit "Part IIID" (wherever
occurring), substitute "Part IVA". 26 Application
The amendments of the Veterans' Entitlements Act 1986 made by this Part apply
only to persons who make an application, or on whose behalf an application is
made, for an advance payment of an amount of pension or income support
supplement on or after 1 January 1998.
Part 3-War-caused and defence-caused injuries, diseases and
deaths: use of tobacco products after 31 December 1997 27 Section 5 (index)
Insert the following entries in their appropriate alphabetical positions
(determined on a letter-by-letter basis):
tobacco product 5Q(1)
use 5Q(1)
28 Subsection 5Q(1) Insert:
tobacco product means:
(a) tobacco (in any form); or
(b) any product that:
(i) contains tobacco as its main or a substantial ingredient; and
(ii) is not included in the Australian Register of Therapeutic Goods
kept under the Therapeutic Goods Act 1989. 29 Subsection 5Q(1)
Insert:
use, in relation to a tobacco product, includes smoke, chew or inhale. 30 At
the end of section 8 Add:
(6) Despite subsection (1), the death of a veteran is taken not to have been
war-caused if the veteran's death is related to the veteran's eligible war
service only because:
(a) in the case of a veteran who had not used tobacco products before 1
January 1998-the veteran used tobacco products after 31 December 1997;
or
(b) in the case of a veteran who had used tobacco products before 1
January 1998-the veteran increased his or her use of tobacco products
after 31 December 1997. 31 At the end of section 9 Add:
(7) Despite subsection (1), the injury or disease of a veteran is taken not to
have been war-caused if that injury or disease is related to the veteran's
eligible war service only because:
(a) in the case of a veteran who had not used tobacco products before 1
January 1998-the veteran used tobacco products after 31 December 1997;
or
(b) in the case of a veteran who had used tobacco products before 1
January 1998-the veteran increased his or her use of tobacco products
after 31 December 1997. 32 After subsection 70(9) Insert:
(9A) The Commonwealth is not liable under this section in respect of:
(a) the death; or
(b) the incapacity from injury or disease; of a member of the Forces, or a
member of a Peacekeeping Force, if the death, injury or disease is
related to the relevant service of the member only because:
(a) in the case of a member who had not used tobacco products before 1
January 1998-the member used tobacco products after 31 December 1997;
or
(b) in the case of a member who had used tobacco products before 1 January
1998-the member increased his or her use of tobacco products after 31
December 1997.
Part 4-Eligibility of certain veterans to receive medical
and other treatment 33 Section 53E Repeal the section, substitute: 53E
Veterans to satisfy certain conditions
(1) This section applies to a veteran if:
(a) the veteran is permanently blind; or
(b) the veteran's rate of service pension is neither income reduced nor
assets reduced; or
(c) the veteran's rate of service pension is either income reduced or
assets reduced, but the reduction does not exceed the income/assets
reduction limit applicable to the veteran. Note: For income/assets
reduction limit see subsection (2).
(2) The income/assets reduction limit applicable to a veteran is worked out by
using Table 53E. Work out which item in the table applies to the veteran by
identifying his or her family situation. The applicable income/assets
reduction limit is the amount in column 3 of that item plus (if the veteran
has a dependent child or dependent children) the amount in column 5 of that
item for each dependent child.
Table 53E-Income/Assets Reduction Limit
Column 1
Item
Column 2
Family situation
Column 3
Basic reduction per year
Column 4
Basic reduction per fortnight
Column 5
Additional reduction per year
Column 6
Additional reduction per fortnight
1 Not a member of a couple
$1,924
$74
$364
$14
2 Partnered
$1,664
$64
$182
$7 Note 1: For member of a couple and partnered see section 5E. Note 2: For
dependent child see section 5F. Note 3: Members of illness separated and
respite care couples are covered by item 2 of the table. Note 4: The basic
reduction and additional reduction are indexed 6 monthly in line with CPI
increases (see sections 59B to 59E).
(3) If, on a particular day:
(a) the annual rate of a veteran's ordinary income increases; and
(b) as a result of the increase, the veteran's rate of service pension is
income reduced by an amount that is not more than 150% of the
income/assets reduction limit applicable to the veteran; this section
continues to apply to the veteran until:
(c) the end of the period of 13 weeks starting on the first pension payday
after that day; or
(d) the reduction exceeds 150% of the income/assets reduction limit
applicable to the veteran; whichever happens first. 34 Sections 53F
and 53G Repeal the sections. 35 Section 59A (table item 8) Repeal the
item. 36 Section 59A (table items 14, 15, 16 and 17) Repeal the items,
substitute:
Income/assets reduction limit
14 Income/assets reduction limit applicable when determining the
eligibility for treatment benefits for a veteran-basic
reduction
IARL basic reduction
section 53E-Table 53E-column 3
15 Income/assets reduction limit applicable when determining the
eligibility for treatment benefits for a veteran-add-on for
dependent child
IARL dependent child add-on
section 53E-Table 53E-column 5 37 Section 59B (table item 5) Repeal the item.
38 Section 59B (table items 9 and 10) Repeal the items, substitute:
Income/assets reduction limit
9 IARL basic reduction
(a) 20 March
(b) 20 September
(a) December
(b) June
highest June or December quarter before reference
quarter (but not earlier than June quarter 1979)
$2.60
10 IARL dependent child add-on
(a) 20 March
(b) 20 September
(a) December
(b) June
highest June or December quarter before reference
quarter (but not earlier than June quarter 1979)
$2.60 39 Subsection 59C(2) (step 4 of the method statement) Omit "indexed
amount" (last occurring), substitute "rounded-off amount". 40 Subsection
59C(2) (at the end of the method statement) Add: Step 5. The indexed amount
is:
(a) if paragraph (b) does not apply-the rounded-off amount; or
(b) if the amount to be indexed is the amount under item 10 of the CPI
Indexation Table in subsection 59B(1)-the rounded-off amount
multiplied by 13/7. 41 Section 59K Repeal the section. 42 Subsection
85(5) (note) Repeal the note.
Part 5-Amendments relating to the transfer of carer
service pension recipients and carer income support
supplement recipients
Division 1-Main amendments 43 Section 5 (index) Omit:
care receiver 5Q(1)
44 Subsection 5NB(1) (paragraph (c) of the definition of compensation affected
pension) Repeal the paragraph. 45 Subsection 5Q(1) (definition of care
receiver) Repeal the definition. 46 Subsection 5Q(1) (paragraph (c) of the
definition of service pension) Omit "; or", substitute ".". 47 Subsection
5Q(1) (paragraph (d) of the definition of service pension) Repeal the
paragraph. 48 Paragraph 35(1)(b) Repeal the paragraph, substitute:
(b) Divisions 3, 4 and 5 deal with the 3 kinds of service pension (age,
invalidity and partner service pension respectively); and 49
Subsection 35(2) Omit "Divisions 3, 4, 5 and 6", substitute "Divisions
3, 4 and 5". 50 Division 6 of Part III Repeal the Division. 51
Paragraph 41(1)(c) Omit "and". 52 Paragraph 41(1)(d) Repeal the
paragraph. Note: The heading to section 41 is replaced by the heading
"Rate of age, invalidity and partner service pension (no dependent
children)". 53 Subsection 41(2) Omit "invalidity, partner or carer",
substitute "invalidity or partner". 54 Subsection 41(4) Omit "age,
invalidity or carer", substitute "age or invalidity". 55 Paragraph
42(1)(c) Omit "and". 56 Paragraph 42(1)(d) Repeal the paragraph. Note:
The heading to section 42 is replaced by the heading "Rate of age,
invalidity and partner service pension (dependent child or children)".
57 Subsection 42(3) Omit "age, invalidity or carer", substitute "age
or invalidity". 58 Point 42-C2 (table C-1, column 6) Repeal the
column. 59 Point 42-C2 (table C-1, item 5) Repeal the item. 60 Point
42-C2 (key) Omit "Service carer = carer service pension". 61 Point
43-C2 (table C-1, column 6) Repeal the column. 62 Point 43-C2 (table
C-1, item 5) Repeal the item. 63 Point 43-C2 (key) Omit "Service carer
= carer service pension". 64 Subparagraph 45(1)(b)(ii) Omit "or". 65
Subparagraph 45(1)(b)(iii) Repeal the subparagraph. Note: The heading
to section 45 is replaced by the heading "Rate of age and invalidity
service pension (war widow or war widower)". 66 Subparagraph
45(2)(b)(ii) Omit "or". 67 Subparagraph 45(2)(b)(iii) Repeal the
subparagraph. 68 Section 45AB Repeal the section. 69 Paragraph
45D(1)(ba) Repeal the paragraph. 70 Point 45Y-G2 (table G-1, column 8)
Repeal the column. 71 Point 45Y-G2 (table G-1, item 6) Repeal the
item. 72 Point 45Y-G2 (key) Omit "Service care = carer service
pension". 73 Paragraph 50A(2)(c) Repeal the paragraph, substitute:
(c) an instalment of partner service pension in respect of the person is
payable to the person's partner during a pension period; 74
Subparagraph 50A(3)(c)(ii) Omit "or". 75 Subparagraph 50A(3)(c)(iii)
Repeal the subparagraph. 76 Subsection 52(1) Omit "52ZA, 52ZCA, 53AJ
and 53AL", substitute "52ZA and 52ZCA". 77 Subsection 52A(1) Omit
"52G, 52H, 53AJ and 53AL", substitute "52G and 52H". 78 Section 52K
Repeal the section. 79 Paragraph 52Q(3)(e) Omit "sections 52G and
53AJ", substitute "section 52G". 80 Paragraph 52R(3)(e) Omit "sections
52H and 53AL", substitute "section 52H". 81 Paragraph 52S(3)(e) Omit
"sections 52H and 53AL", substitute "section 52H". 82 Paragraph
52S(5)(eb) Omit "sections 52H and 53AL", substitute "section 52H". 83
Paragraph 52T(3)(cb) Omit "sections 52H and 53AL", substitute "section
52H". 84 Paragraph 52U(4)(e) Omit "52G, 52H and 53AL", substitute "52G
and 52H". 85 Section 52ZAA Repeal the section. 86 Section 52ZN Repeal
the section. 87 Division 11A of Part IIIB Repeal the Division. 88
Subdivision E of Division 12A of Part IIIB Repeal the Subdivision. 89
Division 12B of Part IIIB Repeal the Division. 90 Division 13A of Part
IIIB Repeal the Division. 91 Sections 56BB and 56BC Repeal the
sections. 92 Section 56GAA Repeal the section. 93 Subsection 56H(3)
Omit "subsections (4), (5), (6), (7), (8), (9), (10) and (11)",
substitute "subsections (4), (5), (6), (7) and (8)". 94 Subsections
56H(9), (10) and (11) Repeal the subsections. 95 Section 56HA Repeal
the section. 96 Subsection 56J(1) Omit ", carer service pension". 97
Subsection 56J(1) (note) Omit "Similarly, if a person has been
receiving carer service pension because of caring for the veteran,
that carer service pension will also be terminated.". 98 Section 56K
Omit ", carer service pension". 99 Section 56K (note 2) Omit
"Similarly, if a person has been receiving carer service pension
because of caring for the veteran, that carer service pension will
also be cancelled or suspended.". 100 Section 57AA Repeal the section.
101 Subsection 57A(1A) Repeal the subsection. 102 Subsection 57A(2)
Omit "or (1A)". 103 Section 57CA Repeal the section. 104 Subsection
58K(1) (paragraph (ab) of the note) Omit "(4);", substitute "(4).".
105 Subsection 58K(1) (paragraph (b) of the note) Repeal the
paragraph. 106 Section 58KA Repeal the section. 107 Sections 59GC,
59GD and 59GE Repeal the sections. 108 Paragraph 59M(1)(e) Repeal the
paragraph. 109 Subsection 59M(6) Repeal the subsection. 110 Section
59W (example 1) Omit "carer" (wherever occurring), substitute
"partner". 111 Paragraph 85(7)(b) Omit "(other than a carer service
pension)". 112 Subsection 98(4A) Repeal the subsection. 113
Subparagraph 118AA(a)(ii) Repeal the subparagraph. 114 Subsection
205(1) Omit "Subject to subsection (1AA), this", substitute "This".
115 Subsection 205(1AA) Repeal the subsection.
Division 2-Related transitional and saving provisions 116 At the end of
Schedule 5 Add: 8 Transitional and saving provisions: amendments relating to
the transfer of carers
(1) If:
(a) a person was receiving a carer service pension immediately before the
transfer day; and
(b) neither subclause (2) nor (4) applies to the person; an instalment of
carer service pension is payable to the person on the transfer day at
the rate worked out using the following formula:
Reduced annual rate + Pharmaceutical allowance
2 where:
reduced annual rate means the rate payable in accordance with this Act on the
last pension payday before the transfer day, excluding any pharmaceutical
allowance payable to a person under this Act.
pharmaceutical allowance means the amount of pharmaceutical allowance that
would have been included in the person's carer service pension if the payment
was an instalment under section 58A.
(2) Subject to subclause (5), if:
(a) a person (the carer) was receiving a carer service pension immediately
before the transfer day; and
(b) the veteran partner who is being cared for by the carer is receiving
an age service pension or an invalidity service pension; and
(c) the carer would, apart from subsection 38(1B), be eligible for a
partner service pension; this Act continues to apply to the person in
relation to carer service pension as if the amendments made by
Division 1 of Part 5 of Schedule 1 to the amending Act had not been
made.
(3) Subject to subclause (5), if:
(a) a person was receiving income support supplement immediately before
the transfer day; and
(b) subsection 45AB(1) applied to the person; and
(c) the person would, apart from paragraph 45A(1)(b) and section 45AB, be
eligible for income support supplement; this Act continues to apply to
the person in relation to income support supplement as if the
amendments made by Division 1 of Part 5 of Schedule 1 to the amending
Act had not been made.
(4) Subject to subclause (5), if:
(a) a person (the carer) is receiving a carer service pension immediately
before the transfer day; and
(b) the veteran who is being cared for by the carer is not receiving an
age service pension or an invalidity service pension but passes the
income test under section 53AA and either passes the assets test under
section 53AD or is the subject of a decision in force under section
53AN that the assets test does not apply to the veteran; this Act
continues to apply to the person in relation to carer service pension
as if the amendments made by Division 1 of Part 5 of Schedule 1 to the
amending Act had not been made.
(5) If carer service pension or income support supplement ceases to be payable
to the person after the transfer day, then subclause (2), (3) or (4), as the
case requires, ceases to apply to the person.
(6) References in this clause to other provisions of this Act are references
to those provisions as they would be if the amendments made by Division 1 of
Part 5 of Schedule 1 to the amending Act had not been made.
(7) In this clause:
amending Act means the Veterans' Affairs Legislation Amendment (Budget and
Compensation Measures) Act 1997 .
transfer day means the day on which Part 5 of Schedule 1 to the amending Act
commences.
Part 6-Amendment relating to appropriations 117 Paragraph 199(b) Repeal the
paragraph, substitute:
and (b) medical and other treatment services provided under Part V; and
Part 7-Amendments relating to rehabilitation 118 At the end of subsection
5H(8) Add:
; (zn) an amount worked out under section 115G. 119 Subsection 23(4) Omit
"The", substitute "Subject to subsection (5), the". 120 At the end of section
23 Add:
(5) If section 115D applies to a veteran, the rate at which pension is payable
to the veteran is the amount specified in subsection (4) less the pension
reduction amount worked out under that section. 121 Subsection 24(4) Omit
"The", substitute "Subject to subsection (5), the". 122 At the end of section
24 Add:
(5) If section 115D applies to a veteran, the rate at which pension is payable
to the veteran is the amount specified in subsection (4) less the pension
reduction amount worked out under that section. 123 Section 24A Omit "Where",
substitute "Subject to subsection (2), if". 124 At the end of section 24A Add:
(2) Paragraphs (1)(b) and (c) do not apply to a veteran if the veteran is
undertaking a rehabilitation program under the Veterans' Vocational
Rehabilitation Scheme or section 115D applies to the veteran. 125 Subsection
25(2) Omit "specified in subsection 24(4)", substitute "applicable under
subsections 24(4) and (5)". 126 After subsection 37(2) Insert:
(2A) Paragraph (2)(a) does not apply to a person who is a veteran if the
veteran is undertaking a rehabilitation program under the Veterans' Vocational
Rehabilitation Scheme or section 115G applies to the veteran. 127 After Part
VI Insert:
Part VIA-Rehabilitation
Division 1-Preliminary 115A Definitions
In this Part, unless the contrary intention appears:
CPI payday means the first pension payday that occurs on or after the
beginning of each relevant period within the meaning of that term in section
198.
member of a Peacekeeping Force has the same meaning as in subsection 68(1).
member of the Forces has the same meaning as in subsection 68(1).
unaffected pension rate means the rate of pension that a veteran would have
received if the veteran had not undertaken a vocational rehabilitation program
under the Veterans' Vocational Rehabilitation Scheme.
unemployment includes:
(a) retirement from remunerative work; and
(b) undertaking less than 16 hours of remunerative work in a pension
period; but does not include any period of paid leave.
veteran means:
(a) a person:
(i) who is, because of section 7, taken to have rendered eligible
war service; or
(ii) in respect of whom a pension is payable under subsection 13(6);
or
(iii) who satisfies subsection 37(3); or
(b) a member of the Forces; or
(c) a member of a Peacekeeping Force. Veterans' Vocational Rehabilitation
Scheme means a scheme made under subsection 115B(1). work and pension
income rate means the rate equal to the sum of:
(a) the veteran's salary, wages or earnings per fortnight from
remunerative work; and
(b) the fortnightly rate of pension paid to the veteran under Part II or
IV. 115B Making of the Scheme
(1) The Commission may, from time to time, by instrument in writing, make a
scheme, to be called the Veterans' Vocational Rehabilitation Scheme, to assist
specified classes of veterans to find employment and to continue in
employment.
(2) The Commission may, from time to time, by instrument in writing, vary or
revoke the scheme.
(3) A scheme made by the Commission under subsection (1), and an instrument
varying or revoking such a scheme, have no force or effect unless approved by
the Minister.
(4) If a scheme has been made by the Commission under subsection (1), or an
instrument under subsection (2), the scheme or the instrument is a
disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
(5) Without limiting the powers of the Commission under subsection (1), the
Scheme may make provision for and in relation to:
(a) the provision of rehabilitation programs, under the Scheme, to
specified veterans; and
(b) the provision of vocational guidance and assistance, under the Scheme,
to specified veterans; and
(c) the payment of financial assistance, under the Scheme, to specified
veterans in respect of education or training that is being undertaken
under the Scheme by the veterans; and
(d) the provision of services in relation to the assessment of veterans
for participation in rehabilitation programs; and
(e) the payment of financial assistance, under the Scheme, to specified
veterans in respect of transport costs arising from the veterans'
participation in the Scheme; and
(f) the payment of financial assistance, under the Scheme, to specified
veterans in respect of aids that enable the veterans to participate
in, or assist veterans to participate in, the Scheme; and
(g) the provision for review of determinations under section 115F.
(6) Before making a scheme, or varying or revoking the scheme, the Commission
must consult such organisations and associations, representing the interests
of the veteran community, as the Commission thinks appropriate.
Division 2-Provisions relating to the income of veterans who
participate in vocational rehabilitation programs 115C Rate of pension while
on program
(1) Subject to sections 115D and 115G, this section applies while a veteran is
undertaking a vocational rehabilitation program under the Veterans' Vocational
Rehabilitation Scheme.
(2) If this section applies to a veteran on a pension payday, the rate of
pension payable to the veteran is equal to the amount the veteran would
receive if the veteran were not undertaking the program. 115D Pension
reduction amount-pensions under Parts II and IV
(1) Subject to subsections (4) and (5) and section 115F, the pension reduction
amount in respect of a veteran for a pension payday that occurs within the
period (the initial period) that begins on the day after the veteran first
commenced remunerative work as a result of undertaking the vocational
rehabilitation program (the commencement day) and ends immediately before the
first CPI payday that occurs more than 2 years after the beginning of that
period is to be worked out using the following formula:
Pension rate on commencement - General rate
2
(2) Subject to subsections (4) and (5) and section 115F, the pension reduction
amount in respect of a veteran for a pension payday that occurs within the
period (the second period) that begins immediately after the initial period
and ends 5 years after the commencement day is to be worked out using the
following formula:
( 20 x Pension rate on commencement - General rate)
((20 - No. of paydays) 2
(3) Subject to subsections (4) and (5) and section 115F, the pension reduction
amount in respect of a veteran for a pension payday that occurs more than 5
years after the end of the initial period is to be worked out using the
following formula:
Pension rate on commencement - General rate
(4) If a veteran is unemployed for a continuous period of at least 2 weeks,
the pension reduction amount for each pension payday within that period is
nil.
(5) If a veteran is in receipt of pension at the special rate because of
subsection 24(3), the pension reduction amount for each pension payday is nil.
(6) In this section:
general rate means the general rate of pension.
no. of paydays means the number of CPI paydays that have occurred in the
period.
pension rate on commencement means the rate of pension under this Act that was
payable to the veteran on the day on which the veteran commenced his or her
vocational rehabilitation program. 115E Application for reduction of the
pension reduction amount
(1) This section applies if, because of the application of the pension
reduction amount to the rate of pension payable to a veteran, the work and
pension income rate of the veteran in relation to a pension period is or would
be less than the unaffected pension rate for the veteran in relation to that
period.
(2) A veteran to whom this section applies may apply to the Commission to have
the pension reduction amount reduced.
(3) An application must be:
(a) in writing; and
(b) in accordance with a form approved by the Commission; and
(c) accompanied by any relevant documentary evidence in relation to
salary, wages and other earnings from remunerative work for the period
to which the application relates; and
(d) lodged at an office of the Department in Australia. 115F Determination
by the Commission
(1) This section applies if, after considering an application under section
115E, the Commission is satisfied that the rate at which a pension has been,
is being or is to be paid, to a veteran resulted, or would result, in a work
and pension income rate for the applicant in relation to a pension period that
is less or would be less than the unaffected pension rate in relation to that
period.
(2) If this section applies, the Commission may determine in writing that the
pension reduction amount in relation to the veteran for a past, present or
future pension payday is to be reduced by such amount as the Commission is
satisfied would result in the work and pension income rate being equal to the
unaffected pension rate.
(3) A determination takes effect on the day on which the determination is
made. 115G Excluded income amount-invalidity service pensions
(1) The excluded income amount in respect of a veteran for a pension payday
that occurs within the period (the initial period) that begins on the day
after the veteran first commenced remunerative work as a result of undertaking
the vocational rehabilitation program and ends immediately before the first
CPI payday that is more than 2 years after the beginning of the initial period
is half of the earnings of the veteran in the pension period that relates to
the pension payday.
(2) The excluded income reduction amount in respect of a veteran for a pension
payday that occurs within each consecutive 6 month period during the 5 years
that begins immediately after the initial period is worked out using the
following formula:
(0.5 - 0.05 x No. of 6 month periods) x Earnings where:
no. of 6 month periods means the number of consecutive 6 month periods that
have begun in the 5 year period.
earnings means salary, wages or earnings from remunerative work in the pension
period that relates to the pension payday.
Division 3-Recovery of cost of rehabilitation 115H Recovery of cost of
rehabilitation
(1) In this section, compensation, in relation to a person who is undertaking,
or has undertaken, a rehabilitation program under the Veterans' Vocational
Rehabilitation Scheme, means an amount that is by way of compensation or
damages, or is, in the opinion of the Commission, in the nature of
compensation or damages, in respect of the disease, disability or condition
because of which the rehabilitation program is being, or has been, undertaken.
(2) This section applies if a veteran who is undertaking, or has undertaken, a
rehabilitation program under the Veterans' Vocational Rehabilitation Scheme:
(a) has made a claim against another person for compensation, or may be,
or may become, entitled to be paid compensation by another person, in
relation to the disease, disability or condition because of which the
rehabilitation program is being, or has been, undertaken; or
(b) is entitled, whether because of an order of a court, a settlement of a
claim for compensation or otherwise, to be paid compensation by
another person; or
(c) has been paid compensation by another person, whether because of an
order of a court, a settlement of a claim for compensation or
otherwise.
(3) A reference in subsection (2) to another person includes a reference to
the Commonwealth, a State, a Territory or an authority of the Commonwealth, a
State or a Territory.
(4) If this section applies, the Commission may give to the veteran a written
notice requiring the veteran to pay for:
(a) a rehabilitation program or any part of such a program that has been
undertaken by the veteran under the Veterans' Vocational
Rehabilitation Scheme before the day on which the notice was given to
the veteran; and
(b) a rehabilitation program or any part of such a program undertaken at
any time on or after the day on which the notice was given to the
veteran; in relation to the disease, disability or condition.
(5) On being given the notice, the veteran becomes, by force of this section,
liable to pay to the Commonwealth an amount equal to the cost, or amounts
equal to the sum of the costs, as determined by the Commission, of and
incidental to:
(a) a rehabilitation program or any part of such a program that has been
undertaken by the veteran under the Veterans' Vocational
Rehabilitation Scheme before the day on which the notice was given to
the veteran; and
(b) a rehabilitation program or any part of such a program undertaken at
any time on or after the day on which the notice was given to the
veteran.
(6) If the veteran is, under subsection (5), liable to make payment to the
Commonwealth for a rehabilitation program provided by the Commission, the
Commission may, by written notice given to a person who:
(a) may be, or may become, liable; or
(b) is liable; to pay compensation to, or for the benefit of, the veteran
in respect of the disease, disability or condition, inform the person
that the veteran is liable to make payment to the Commonwealth for a
rehabilitation program under the Veterans' Vocational Rehabilitation
Scheme, whether undertaken before or after the giving of the notice.
(7) A reference in subsection (6) to a person includes a reference to an
insurer who, under a contract of insurance, is liable to indemnify the person
or is liable to pay compensation to, or for the benefit of, the veteran
against that liability. 115J Where a person receives a notice under subsection
115H(6)
(1) This section applies to a person if the person has been given a notice
under subsection 115H(6).
(2) If the person:
(a) is, on being given the notice, liable to pay compensation to, or for
the benefit of, the veteran to whom the notice relates in respect of
the disease, disability or condition to which the notice relates; or
(b) becomes, after receiving the notice, so liable to pay compensation; or
the person becomes liable, because of this subsection, to pay to the
Commonwealth:
(c) an amount equal to the cost of the rehabilitation program that the
veteran is liable, or may become liable, under subsection 115H(5), to
pay; or
(d) an amount equal to the amount of compensation that the person is
liable, or becomes liable, so to pay; whichever is the less.
(3) If, before the notice was given to the person, the person paid to, or for
the benefit of, the veteran the whole of the compensation that the person was
liable to pay in respect of the disease, disability or condition to which the
notice relates, the notice has no effect.
(4) If a person is liable, or becomes liable, to pay an amount to the
Commonwealth under subsection (2), the person must not, without the permission
of the Commission, pay the compensation, or any part of the compensation, to,
or for the benefit of, the veteran.
(5) Payment to the Commonwealth of an amount under subsection (2) operates, to
the extent of the payment:
(a) as a discharge to the person of his or her liability to pay
compensation to the veteran entitled to receive the compensation; and
(b) as a discharge of the veteran's liability under subsection 115H(5).
115K Recovery of amount by the Commonwealth
The Commonwealth may recover in a court of competent jurisdiction an amount
that a person is liable to pay to the Commonwealth under subsection 115H(5) or
115J(2). 115L Determination of amount of costs of rehabilitation programs
(1) This section applies if the Commission determines, in writing, the amount
of the cost of, or incidental to, a rehabilitation program under a Veterans'
Vocational Rehabilitation Scheme for a veteran during a specified period in
respect of a disease, disability or condition in relation to which a notice
has been given under subsection 115H(4).
(2) The Commission may give a notice to the veteran containing a copy of that
determination, or notices to the veteran and the person referred to in
subsection 115H(6) containing copies of that determination.
(3) If the Commission gives a copy of a determination to a veteran or a person
under subsection (2), the copy is, for all purposes, prima facie evidence:
(a) that the copy of the determination set out in the notice is a true
copy of the determination of which it purports to be a copy; and
(b) that the determination was duly made by the Commission; and
(c) that the amount specified in the determination is the amount which the
veteran is liable, by force of subsection 115H(5), to pay to the
Commonwealth as the cost of and incidental to the rehabilitation
program under the Veterans' Vocational Rehabilitation Scheme during
the period so specified for and in relation to that disease,
disability or condition.
(4) The giving of a notice, or notices, under subsection (2) does not prevent
the making of a further determination or determinations, and the giving by the
Commission of a further notice or further notices under that subsection.
Part 8-Miscellaneous 128 Section 5 (index) Insert the following entry in its
appropriate alphabetical position (determined on a letter-by-letter basis):
Defence Force 5C(1)
129 Subsection 5C(1) Insert:
Defence Force has the same meaning as in the Defence Act 1903. 130 Paragraph
7A(1)(a) Add at the end:
(iv) rendered warlike service; or 131 Subsection 68(1) (definition
of Peacekeeping Force) Repeal the definition, substitute:
Peacekeeping Force means a Peacekeeping Force described in an item of Schedule
3. 132 Subsection 68(3) Repeal the subsection, substitute:
(3) The Peacekeeping Force described in an item of Schedule 3 is taken to have
become a Peacekeeping Force for the purposes of this Part on the day specified
in column 3 of that item. 133 Paragraphs 74(3A)(a) and (3B)(a) Omit
"Commonwealth Employees' " , substitute "Safety,". 134 Subsection 76(6) Omit
"Commonwealth Employees' ", substitute "Safety,". 135 Schedule 3 Repeal the
Schedule, substitute:
Schedule 3-Peacekeeping Forces Note: See subsections 68(1) and (3).
Peacekeeping Forces
Item Description of Peacekeeping Force
Initial date as a Peacekeeping Force
1 Security Council Commission of Investigation on the Balkans
29 January 1947
2 Committee of Good Offices
25 August 1947
3 United Nations Special Commission on the Balkans
26 November 1947
4 United Nations Commission on Korea
1 January 1949
5 United Nations Military Observer Group in India and Pakistan
1 January 1949
6 United Nations Commission for Indonesia
28 January 1949
7 United Nations Truce Supervision Organisation
1 June 1956
8 United Nations Operations in the Congo
1 August 1960
9 United Nations Yemen Observation Mission
1 January 1963
10 United Nations Force in Cyprus
14 May 1964
11 United Nations India-Pakistan Observation Mission
20 September 1965
12 United Nations Disengagement Observer Force
1 January 1974
13 United Nations Emergency Force Two
1 July 1976
14 United Nations Interim Force in Lebanon
23 March 1978
15 Commonwealth Monitoring Force in Zimbabwe
24 December 1979
16 Sinai Multinational Force and Observers established by the
Protocol between the Arab Republic of Egypt and the State of
Israel dated 3 August 1981
18 February 1982
17 United Nations Iran/Iraq Military Observer Group
11 August 1988
18 United Nations Border Relief Operation in Cambodia
1 February 1989
19 United Nations Transition Assistance Group Namibia
18 February 1989
20 United Nations Mission for the Referendum in Western Sahara
(Mission des Nations Unies pour un Referendum au Sahara
Occidental)
27 June 1991
21 The Australian Police Contingent of the United Nations
Transitional Authority in Cambodia
18 May 1992
22 The Australian Police Contingent of the United Nations
Operation in Mozambique
27 March 1994
23 Australian Defence Support to a Pacific Peacekeeping Force
for a Bougainville Peace Conference
21 September 1994
24 The Australian Police Contingent of the Multi-National Force
in Haiti
10 October 1994
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